IN THE CASE OF:  	  

		BOARD DATE:  11 August 2015	  

		DOCKET NUMBER:  AR20140019913 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests restoration of his original appointment date as a second lieutenant (2LT) and adjustment of his date of rank (DOR) from 3 October 2013 to 28 June 2012.

2.  The applicant states:

	a.  His DOR was altered.  His original DOR was 28 June 2012.  This was the date he took his oath of office as a commissioned officer.  His initial appointment now reads 3 October 2013.

	b.  During an audit by the strength management branch, it was discovered that his initial packet was submitted late and his temporary Federal recognition expired.  By the time the Office of Personnel Management (OPM) received his packet, it had been 14 months since his original date of commission.

	c.  Once his packet was received, he was informed that his DOR would be changed from 28 June 2012 to 3 October 2013 and that he would have to submit his case to the ABCMR.  The South Carolina Army National Guard (SCARNG) submitted his initial appointment packet to the National Guard Bureau (NGB) on 3 November 2013.  He was told it would take 30 to 120 days for approval.  It took 11 months for the initial appointment to be approved.

	d.  He received his initial appointment orders on 22 October 2014.  He served on an active duty for operational support (ADOS) from 30 April 2013 to 30 September 2014.  During his ADOS tour, he was eligible for promotion to 1LT on 28 December 2013.

3.  The applicant provides:

* two NGB Forms 337 (Oaths of Office)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* two DA Forms 71 (Oath of Office - Military Personnel)
* two NGB Forms 62Es (Application for Federal Recognition)
* orders
* college transcripts

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the ARNG, the applicant was appointed as a 2LT with temporary Federal recognition in the SCARNG and he executed an oath of office on 28 June 2012.

2.  SCARNG Orders 187-811, dated 5 July 2012, appointed him as a 2LT in the ARNG with an effective date and DOR of 28 June 2012.

3.  He was ordered to active duty for training (ADT) and he entered active duty on 26 August 2012.  He attended and successfully completed the Transportation Corp (TC) Basic Officer Leader Course (BOLC) from 27 August 2012 to
18 December 2012 at Fort Lee, VA.  On 18 December 2012, he was honorably released from ADT to the control of the SCARNG.

4.  NGB Special Orders (SO) Number 291 AR, dated 21 October 2014, granted him Federal recognition for his initial appointment as a 2LT in the ARNG with an effective date and DOR of 3 October 2013.

5.  SCARNG Orders 296-911, dated 23 October 2014, promoted him to the rank of 1LT with an effective date and DOR of 3 April 2014.

6.  SCARNG Orders 316-864, dated 12 November 2014, amended 
Orders 296-911, dated 23 October 2014, to show he was appointed as a 1LT in the ARNG officer with an effective date and DOR of 28 December 2013.

7.  NGB SO Number 8, dated 12 January 2015, granted him Federal recognition for his initial appointment as a 1LT in the ARNG with an effective date and DOR of 3 April 2014.

8.  In the processing of this case, an advisory opinion was received from the Chief, Personnel Policy Division, NGB, on 12 June 2015.  The advisory official recommended approval of the applicant's request to adjust his initial appointment date and DOR to 2LT to 28 June 2012 and stated:

	a.  The applicant stated his promotion was delayed due to processing his request for Federal recognition.  His promotion packet was not boarded in time due to changeover of tracking programs at the NGB Federal Recognition Branch (FRB) from Reserve Component Manpower System to Guard Knowledge Online eTracker; therefore, he was re-scrolled for a later DOR.

	b.  On 28 June 2012, an NGB Form 62E was signed by the applicant and by the SCARNG Adjutant General.

	c.  On 28 June 2012, a DA Form 71 was signed by the applicant and a representative of the SCARNG.

	d.  On 5 July 2012, SCARNG Order Number 187-811, appointed the applicant in the ARNG with assignment to the 1053rd Transportation Company with a DOR as 28 June 2012. 

	e.  On 3 October 2013, he received Federal recognition for appointment to 2LT.  The SCARNG OPM did not receive his certified transcript within the 
12-month period for Federal recognition identified as early as 30 October 2013.  While true that the processing time has been materially reduced as the NGB FRB has learned how to streamline the new process, the fact remained that the delay the applicant referenced was not an error or no fault of his that his DOR was delayed.

	e.  NGB FRB concurred with the recommendation.

	f.  The SCARNG concurred with the recommendation.

9.  On 23 October 2013, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

10.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.

	a.  Paragraph 2-2 states the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State.

	b.  Paragraph 2-13 states temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by an FRB pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.

	c.  Temporary Federal recognition may be granted by an FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG.  The FRB will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB, extends permanent Federal recognition to the member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was appointed as a 2LT in the SCARNG and he executed an oath of office on 28 June 2012.  Through no fault of his own, his temporary Federal recognition expired and he was again appointed as a 2LT in the SCARNG and executed an oath of office on 3 October 2013.

2.  He was extended Federal recognition for his initial appointment in the SCARNG as a 2LT with an effective date and DOR of 3 October 2013.  It appears the expiration of his temporary Federal recognition was an administrative error on the part of the State and he should have been extended Federal recognition for his initial appointment as a 2LT with an effective date and DOR of 28 June 2012.  Therefore, it would be appropriate to correct his records to show he was extended Federal recognition effective 28 June 2012 with a DOR to 2LT of 28 June 2012.


BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

* amending NGB SO Number 291 AR, dated 21 October 2014, to show he was appointed as a 2LT with an effective date and DOR of 28 June 2012 and extended Federal recognition on that date in the rank of 2LT
* paying him any back pay and allowances due as a result of the correction



      ___________X_____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20140019913





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ABCMR Record of Proceedings (cont)                                         AR20140019913



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